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2023 Supreme(Mad) 2062

J. NISHA BANU, D. BHARATHA CHAKRAVARTHY
Amutha – Appellant
Versus
Rajesh – Respondent


Advocates appeared:
For the Appellants:M. Malar, Advocate. For the Respondents:R1, Ex parte, R2, Sivakollappan, Advocate.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the award against the judgment and decree dated 11.11.2021 and made in M.A.C.T.O.P.No.93 of 2019 on the file of the Motor Accident Claims Tribunal, Special Motor Accident Compensation Claims Tribunal, Special Sub Court, Thiruvannamalai.)

D. Bharatha Chakravarthy, J.

A. The Appeal:

This Civil Miscellaneous Appeal is filed by the Claimants, aggrieved by the Award of the Motor Accident Claims Tribunal, Special Motor Accident Compensation Claims Tribunal, Special Sub Court, Thiruvannamalai, dated 11.11.2021 in M.A.C.T.O.P.No.93 of 2019 in and by which, the claim filed by the appellants/claimants was partly allowed and a total sum of Rs.51,340/- was awarded as the total compensation.

B. Brief facts of the Case:

2. One Rangasamay, a Mason by profession, who was aged 43 years as of the year 2018, was travelling in a two-wheeler on 31.10.2018 and while so, at about 4:45 P.M., a Hyundai Car bearing Registration No.TN- 12-H-8872 was driven in a rash and negligent manner and hit the motorcycle from behind, on account of which, the said Rangasamy sustained grievous injuries including a

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